A conviction of a DUI, driving under the influence of alcohol or drugs in the state of Arizona, is reliant on proof that you were actually driving the vehicle while intoxicated. Where things become a bit “gray” is under the term of “no actual physical control”. No actual physical control is a confusing concept to many drivers in the state.
The definition of actual physical control of a vehicle is determined under a variety of factors with the courts using “totality of the circumstances” to determine whether a driver had actual physical control of their vehicle while intoxicated. If actual physical control is deemed to have existed, then a DUI charge can be enforced.
When you are facing DUI charges, it is very important that you have an experienced lawyer on your side. David Michael Cantor is a Phoenix DUI attorney who has helped change the laws of the state of Arizona in regard to actual physical control. The case which resulted in changes for all state residents was State v. Love, heard in the Supreme Court of Arizona in 1995. If you are up against DUI charges and penalties, the Law Offices of David Michael Cantor can help you win your case. (more…)